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2022 Supreme(Guj) 577

B. N. KARIA
NARHARIBHAI CHATURBHAI PATEL – Appellant
Versus
ASHISH MUKUNDLAL SHAH – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: PERCY KAVINA, P.A. MEHDI.
For the Respondents: SHALIN MEHTA, ADITI S. RAOL, B.S. PATEL, CHIRAG B. PATEL.

JUDGMENT :

B.N. KARIA, J.

1. Rule returnable forthwith. Learned advocate Ms. Aditi Raol waives service of notice for and on behalf of the respondents no. 1 and 3. Learned advocate Mr. Chirag B. Patel waives service of notice of rule for and on behalf of the respondent no. 4.

2. By way of present petition, petitioners have requested to quash and set aside the judgment and order dated 15.10.2014 passed by learned Civil Judge (S.D.) Vadodara in Regular Civil Suit No. 91 of 2001 by which the application of the respondent no. 1 for transposing himself as well as the petitioner no. 2 company as plaintiffs in Regular Civil Suit No. 91 of 2001 came to be allowed and the purshish of the petitioner no. 1 to withdraw Regular Civil Suit No. 91 of 2001 came to be rejected.

3. Brief facts of the present petition may be summarized as under:

    3.1 The petitioner no. 2 is a private limited company registered under the provisions of the Companies Act. The petitioner nos. 1 and 3 along with the respondent nos. 1, 3 and 4 are the shareholders of the petitioner no. 2 company. The petitioner nos. 1 and 3 are suing through his legally constituted power of attorney. The respondent no. 5 is the Registrar of the C

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